H4 to H1 while in US with change in employer


curious_joe

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Hello,

I entered US in sep 2016 on H4. My H1 approval got delayed and got approved in Feb 2017 (applied on 2016 quota while I was in my native country). Due to some issues I am not able to work on the location for which my H1 was applied for. My employer has not done a COS and I am in H4 still.

My question is, if I get a job with a different employer, would the process be too complicated to move my current H1 to the new employer? Given that I have not worked on it neither do I have paystubs. What are my options and next steps?

To summarize, currently on H4 in US, have a valid I-797 (H1), need to change my employer now / move my H1 to a new employer. Yes, my current H1 was filed as consular process.

Please advice.

Thanks!

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21 hours ago, curious_joe said:

Hello,

I entered US in sep 2016 on H4. My H1 approval got delayed and got approved in Feb 2017 (applied on 2016 quota while I was in my native country). Due to some issues I am not able to work on the location for which my H1 was applied for. My employer has not done a COS and I am in H4 still.

My question is, if I get a job with a different employer, would the process be too complicated to move my current H1 to the new employer? Given that I have not worked on it neither do I have paystubs. What are my options and next steps?

To summarize, currently on H4 in US, have a valid I-797 (H1), need to change my employer now / move my H1 to a new employer. Yes, my current H1 was filed as consular process.

Please advice.

Thanks!

Better to contact an attorney.

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  • 2 weeks later...

Hi Abhishekpmnj,

Haven't got a clear answer to my predicament. However after asking a few I have been told the best way probably is to start with a contract with the existing company that holds the H1. Get onto a payroll,then look out for better opportunities, it'll be treated as a regular H1 transfer.

Hope it helps,

My best!

Joe

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